INTERNATIONAL TRAVEL: PRIVILEGE OR CONSTITUTIONAL RIGHT?

V. REAL STORIES FROM MY LEGAL PRACTICE

1. “I read the questions on your site, and everything turns over in my soul, I cannot even hold back my tears. Please tell me the right path that I must take to defeat injustice. If you type our names into Google, you will get a result that will probably make you shudder. I am guilty of international child abduction. So, 7 years ago, I married a citizen of the United States, and later, in this marriage, my daughter was born. Due to some circumstances and the unfortunate relationship between my spouse and me, we entered into a child custody agreement. In addition, this agreement stipulated that he would not interfere with me if I wanted to return to Russia with the child or stay in the United States. As a result of negotiations, I allowed my husband to spend some time with us, sitting on the beach, in a café, or on a playground. This continued for several months until I received a subpoena in Family Court ordering me to hand over my daughter's U.S. passport to the court. As it turns out, my ex-husband petitioned in Family Court to place the child in his full custody. He provided the court with joint photographs where he hugs his daughter, posing for the camera and depicting love for the child; shop receipts proving that he bought toys and clothes for the child in the most expensive stores; and even a letter of recommendation signed by witnesses that he was seen with the child, how he spent time with her, how he loves his daughter and takes care of her. Thus, we again began litigation. As a result, the court made an interim decision to share parental time pending a final hearing. Thus, parenting time was divided, but financial responsibility, paying for health insurance and medical services, paying for babysitting services, etc., remained on my shoulders. I petitioned the court to eliminate such injustice, but the issue remained unconsidered. I received a response from the court that the child support issue will be considered at the final hearing when the court makes a final custody decision. Then, I decided to leave the U.S. Since my daughter has Russian citizenship, we returned to Russia. A few months later, my daughter and I received a residence permit in the UK. While my daughter was with her grandmother in Russia, the Scotland Yard Police knocked on my door in London, and I was arrested for international child abduction. According to the 1980 Hague Convention, U.S. authorities requested the assistance of the British authorities to send my child back to the U.S. and place her in the custody of her father. As it turned out, 10 days after my daughter and I left the United States, the American family court deprived me of parental rights just because I did not appear at the next meeting and left the United States with my daughter despite the order not to leave, and all the rights parental custody of the child was transferred to my ex-husband, who never participated in the upbringing of his daughter, but only temporarily created the appearance of his participation to take it away from me. Also, the U.S. authorities demanded from the British authorities that I will be extradited to the U.S. to be imprisoned there. I spent the night in a London prison. The next day they found out that the child was in Russia. This circumstance made the case much more difficult for the Court, and the Judge released me on bail. First, they gave me a warrant not to leave the UK or outside London. I was obliged to sign up at the police station every day at certain hours. I went to weekly court hearings only with written confirmation from my lawyer. I was forbidden to contact my Russian Embassy. It seemed to me that everyone was against me, even my lawyer, who put pressure on me that we should find a way as soon as possible to bring my daughter from Russia back to the UK. He assured me that the return of my daughter from Russia and bringing her to the U.S. under the care of her father was necessary for my safety. Otherwise, the U.S. and British authorities would find a way to take the child from Russia, and I would be sent to prison. But if I agreed to authorize a third party to go to Russia and bring my daughter back to the UK and then to the U.S. my actions would be considered “voluntary cooperation,” and they would close the matter of extradition. That is, I was offered to voluntarily give my daughter back to the U.S. and then live a “happy life” in the UK. So, I experienced unbearable psychological pressure, intimidation, and harassment. I realized I had nothing to look forward to and hope for support, justice, and a successful outcome. I felt like I could not take it anymore. I turned to the Russian Embassy for help. I was issued a temporary travel document, according to which I returned to Russia. Later, when I called my lawyer in London, I discovered that the main city court had issued a warrant for my arrest. My appeal was denied because I missed the deadline for filing an appeal. And the Supreme Court case was adjourned until I returned. Isn't this situation absurd? I sent many letters to various U.S. and British governments, I wrote to the British Mother and Child Protection Organization, I sent a completed form to the Interpol Commission asking for the removal of my file, attaching the necessary documents, I contacted various lawyers who had at least some experience of conducting similar cases, but all this did not give any results. Only once did I get a response from a lawyer in London who agreed to take my case. Then she told me that there was a gross violation of human rights and the rights of the child, besides, as she said, they had no right to issue a warrant for my arrest. I sent the documents that she requested by signing them, but after that, I never received any response from her. I wrote a statement to the UN to the Department of Human Rights in New York, but I never received a response from there either. I have been in the dark for over two years now. I only know that the “child abduction” case, based on the law of the Hague Convention, should have been closed, but I am not sure if it is closed. I do not know if my file has been removed from Interpol. Also, I do not know if I can freely leave the country somewhere on vacation with a child so as not to be arrested somewhere on the border of another state. And the worst thing is that I simply do not know where I can turn in my country to find out all these questions. And where can I turn to restore justice and be found innocent and a free man? The US Consulate contacted me twice about meeting the child, trying to convince me that this is their standard procedure for meeting children, while they emphasized that my daughter is, firstly, an American child. I do not even know whom I can turn to in Russia. I do not have the funds to hire a lawyer who can resolve this case. I do not use any social benefits that the state offers to Russian mothers because social services require a certificate of family composition, proof that the child does not have a father, and that I do not receive alimony. Where can I get all this? I went to court, but the judge said nothing could be done. Formally, we can send him a summons to appear in the Russian court, but he will not appear. We cannot get child support from him because we don’t have a mutual legal aid convention. I do not get any financial assistance from my husband, and in America, he keeps a custodian. I worked, went bankrupt, and now I am looking for a job. I am overcome with despair and horror at the thought of what will happen tomorrow and how and where we will live if I cannot pay rent. In my own country, I do not feel protected. Karina, you are a competent lawyer, please advise; what should I do? The decision of the American court was wrong. In England, the judge in the Supreme Court was surprised how it could happen that the child was no longer in the country, and the spouse was awarded full custody of the child by the judge. Please tell me where I can apply for legal assistance to travel fearlessly outside the country.”
   It is noteworthy that the UK, like the U.S., does not have border control at the exit from the country. Thus, this woman left the United States unhindered and then left the UK, using the same loophole – the lack of border controls at the exit from these countries. There are not one, not ten, not one hundred such violators – but in fact, thousands every year.
2. “My wife and I were married in Ontario, Canada, on February 14th, 2010, then lived in the USA since January 2012. I moved from Canada, and my wife had lived in the USA for the previous 10 years. My wife went delusional when my aunt and cousin came to visit in December 2013, she said they were going to kidnap our daughter. She abducted our baby to her abusive mother’s home in southern Russia. She returned on December 20th, and my mom visited to prevent another abduction we had seen coming. We failed, and my wife has been back in Russia since April 1, 2014. Do I need to go to Russia? File and register our marriage in Russia? And start divorce court in Russia? No help from a police lawyer or embassy so far, just alone in the U.S. getting kicked out of the apartment in my wife's name and not sure about anything.”
3. “It is about child abduction, and I need to make a “child return request” in the context of the Hague Convention. Here is a short abstract of the story. Alexandra, my daughter, who is 2 years old now, was born in New York at the end of 2014. She has been abducted and moved to Russia by her mother. I am American and live in the U.S., but my mother is Russian. I met her in 2012, and she came to the U.S. in 2014 and returned to Russia in February 2016. We tried many times to get an amicable agreement with the mother, but it did not work. I must reclaim the return of the child to Russian justice, and this is why I contact you.”
4. “My children were abducted to Russia on April 28th, 2020. I have an emergency order here in the U.S. demanding the return of the children. I have a parental abduction case with the Department of State and a lawyer here. I am interested in having the papers served to be recognized in a Russian court for the return of my children. The mother lives in Samara City. Please give me some info on how the process works. I am desperate to see my children return and feel they are in danger as the mother is not mentally healthy.”
5. “My wife, who is only a Russian citizen, took our 4-year-old boy away to Russia. Unfortunately, my boy has U.S. and Russian citizenship also. Can you help? No matter how!!! Awaiting your answer.”
6. “I am contacting you for assistance concerning international parental child abduction committed by the cohabiting partner in August 2012. We three lived in the U.S., our son was born in the U.S.; he is an American citizen, but the cohabiting partner obtained a Russian passport for him in the Russian consulate. She is a Russian citizen and a green card holder in the U.S.. I am a U.S. citizen. In August 2012, she traveled with our son to Saint Petersburg via Moscow, and they both had return tickets. However, she met her parents in Moscow, and instead traveled to Saint Petersburg, Chita, and Zabaykalsky Krai, where she resided before moving back to the U.S. She stated she would not return or allow our son to come back until his 18th birthday. My first step was to travel to Chita to find out the reasons for her decisions. However, she did not want to reach an agreement in favor of our son. Her mother took all American documents (passport, birth certificate, medical certificate, etc.) and hid them at their dacha. Additionally, in November 2012 Slovenian Court issued an interim decision by which a cohabiting partner is liable to immediately return our son to the U.S. until a final decision. Please access the legal background of the case and inform me whether you could give me any advice if the steps taken were correct or which should be taken in your opinion. If paid consultation is necessary, I am willing to do it. Do I have any possibility or hope that my son will ever be returned to the U.S.? Do I have any possibility of taking my son at least to the seaside within the territory of the Russian Federation as a father who is a foreign citizen since he is “trapped” in Chita by the will of his mother now?”
7. “Hi, I married my wife in the U.S. 10 years ago, she is Russian and has a Green Card. 5 months ago, she went to Russia on vacation with our two kids, who have dual citizenship, and decided to stay there with the kids. Since then, I have received full legal and sole custody of the girls in Massachusetts. My wife applied for an international divorce in Russia to get half of our mutual property in Massachusetts without returning. Is that possible? Also, how can I get my girls back to the U.S. since there is no Hague convention between the two countries?”
8. “My wife abducted my two daughters from the U. to Moscow at the end of December 2019. As I understand it, I can file a return request with a US court that has jurisdiction. I can also ask for custody. What can I do in Russian Court? Do you have any advice? In general, is it worth doing this, or should we stop child support and forget about these children since they are already lost? Divorce does not matter to me because I will not marry again. I have so much stress, and I can’t think about anything else. It's easier for me to forget about this family and this marriage. If all these procedures do not lead to any result, then it is not worth it, do you think?”
9. “I need to serve a court order (from the US) on my ex-spouse living in Saint Petersburg, Russia. Phone number, address, and place of work are all known and will be given to you. In addition, I need a private consultation regarding the Russian side of this case, as there may need to be a lawsuit following this decision in Russia.”
10. In the case of A. v K. , the court established that the mother took three minors to St. Petersburg, Russia, without the father’s consent. Her conduct was truly extreme and outrageous. She intended for her conduct to inflict severe emotional distress on the Plaintiff and Parties’ children or knew there was a high probability that her conduct would cause severe emotional distress. Her conduct did cause severe emotional distress. Despite huge efforts made by Plaintiff, Defendant did not obey the Illinois Court orders. She never returned to the United States and lives in St. Petersburg. The best result that the plaintiff managed to achieve was to receive monetary compensation from his parents-in-law because they helped their daughter implement her criminal plan. He also obtained a Russian visitation order, which allowed him to be a little involved in the life of his children.